South Dakota Adoption Laws, Page 3

Who Must Consent to an Adoption

Statute: § 25-6-4

  • No child may be adopted without the consent of the child's parents.

Age When Consent of Adoptee is Considered or Required

Statute: § 25-6-5

  • A child 12 years of age or older must consent to the adoption.

When Parental Consent is not Needed

Statute: § 25-6-4

  • The parent or putative father:
    • Is incarcerated for a critical period of time
    • Has abandoned the child
    • Is unfit by reason of habitual use of alcohol or drugs
    • Has been deprived of custody
    • Has neglected or failed to provide for the child

When Consent Can Be Executed

Statute: § 25-5A-4

  • No petition to terminate rights or consent to adoption may be filed until 5 days after the child's birth.

How Consent Must Be Executed

Statute: §§ 25-6-12; 25-5A-16

  • Consent must be in writing; followed by a court appearance to answer questions indicating the parent's voluntary action and understanding of the consequences.

Revocation of Consent

Statute: § 25-6-21

  • Except in any case involving fraud, any adoption proceeding shall be in all things legalized and validated 2 years after finalization.
  • Any claims must be initiated within those 2 years.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

 

Helping birth mothers find the right adoptive family.

Barry & Debby (IL)

are hoping to adopt

Barry & Debby hoping to adopt A Service of Adoption Profiles, LLC

Click Here to be helped in California!


Pregnant? Click Here
Ready for Adoption?
Adoption Network Law Center
Adoption Network Law Center
Want to Adopt? Click here.
Click here to be helped in California!
Adoption Network Law Center
Pregnant? Click here.
Adoption Network Law Center